Jun 13, 2005 - telephone services;. (iv) an automated telephone answering system for emergency ... (vii) dealing with pu
CITY OF RICHMOND
ANIMAL CONTROL REGULATION BYLAW NO. 7932
EFFECTIVE DATE – JUNE 13, 2005
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
DATE OF ADOPTION
EFFECTIVE DATE (If different from Date of Adoption)
Bylaw 8357 Bylaw 8598 Bylaw 8637 Bylaw 8961
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May 12, 2008 September 13, 2010 January 10, 2011 April 8, 2013
February 9, 2011
Bylaw No. 7932
CITY OF RICHMOND
ANIMAL CONTROL REGULATION BYLAW NO. 7932 TABLE OF CONTENTS Page 1 of 2 PART ONE 1.1 1.2 1.3 1.4 1.5
ANIMALS AND BIRDS - GENERAL General Prohibition - All Animals and Birds .............................................. 1 Basic Animal and Bird Care Requirements ................................................ 1 Keeping of Outdoor Animals and Birds ...................................................... 2 Authority to Enter Onto Property................................................................ 2 Animals or Birds in Custody......................................................................... 2
PART TWO 2.1 2.2 2.3 2.4 2.5
HOUSEHOLD PETS Maximum Number of Household Pets ......................................................... 2 Cats.................................................................................................................. 3 Dogs ................................................................................................................. 4 Rabbits ............................................................................................................ 6 Birds ................................................................................................................ 6
PART THREE 3.1
POULTRY General Prohibition ....................................................................................... 7
PART FOUR 4.1
WILD ANIMALS General Prohibition ....................................................................................... 7
PART FIVE 5.1 5.2
DOMESTIC FARM ANIMALS General Requirements ................................................................................... 7 General Prohibition ....................................................................................... 8
PART SIX 6.1 6.2
BEEKEEPING General Requirements ................................................................................... 8 General Prohibitions...................................................................................... 9
PART SEVEN 7.1
FURBEARING ANIMALS General Prohibition ....................................................................................... 9
PART EIGHT 8.1 8.2 8.3 8.4 8.5 8.6
ANIMAL SHELTER Establishment of Animal Shelter ................................................................ 10 Duties and Obligations of the Contractor .................................................. 10 Authority of Animal Control Officer - Dogs ............................................. 11 Reclaiming an Impounded Dog .................................................................. 13 Authority of Animal Control Officer - Other Animals ............................ 13 Reclaiming of Other Animals ..................................................................... 13
PART NINE -
INTERPRETATION ................................................................................... 14
PART TEN -
OFFENCES AND PENALTIES ................................................................. 19
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CITY OF RICHMOND
ANIMAL CONTROL REGULATION BYLAW NO. 7932 TABLE OF CONTENTS Page 2 of 2
PART ELEVEN - PREVIOUS BYLAW REPEAL ................................................................. 19 PART TWELVE - SEVERABILITY & CITATION ................................................................ 19 PART THIRTEEN – FEES BYLAW ......................................................................................... 20
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April 8, 2013
City of Richmond
Bylaw 7932
ANIMAL CONTROL REGULATION BYLAW NO. 7932 The Council of the City of Richmond enacts as follows:
PART ONE: ANIMALS AND BIRDS - GENERAL 1.1
General Prohibition – All Animals and Birds 1.1.1
A person must not cause any animal or bird: (a)
to be hitched, tied or fastened to a fixed object: (i) where a choke collar forms part of the securing apparatus; (ii) where the securing apparatus is less than 3 metres in length; or (iii) for a period longer than 1 hour in any 6 hour period;
1.1.2
1.2
to be confined in an enclosed space, including a vehicle, without adequate ventilation.
(c)
to be transported in the uncovered, exterior part of any vehicle except when confined to a fully-enclosed cage designed for travel and where the cage is securely fastened to the vehicle.
Every owner of an animal, must ensure that the animal does not: (a)
kill or injure a person or animal; or
(b)
aggressively pursue or harass a person or animal without provocation.
Basic Animal and Bird Care Requirements 1.2.1
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(b)
In addition to the requirements of section 1.1, a person must not keep an animal or bird unless such animal or bird is provided with: (a)
clean potable drinking water at all times and suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight;
(b)
food and water receptacles which are kept clean and disinfected, and located so as to avoid contamination by excreta; April 8, 2013
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the opportunity for periodic exercise sufficient to maintain good health, including the opportunity to be unfettered from a fixed area and exercised regularly under appropriate control; and
(d)
necessary veterinary medical care when such animal or bird exhibits signs of pain or suffering.
A person must not keep an animal or bird which normally resides outdoors, or which is kept outdoors for extended periods of time, unless such animal or bird is provided with an outdoor shelter: (a)
which ensures protection from heat, cold and dampness that is appropriate to the weight and type of protective outer coat of such animal;
(b)
which provides sufficient shade to protect the animal from the direct rays of the sun at all times; and
(c)
which is cleaned and sanitized not less than daily, of all excrement.
Authority to Enter Onto Property 1.4.1
1.5
(c)
Keeping of Outdoor Animals and Birds 1.3.1
1.4
2
An Animal Control Officer or a Police Officer is authorized to enter, at all reasonable times, onto any property within the City to determine whether the provisions of this bylaw are being complied with.
Animals or Birds in Custody 1.5.1
A person must not rescue, or attempt to rescue any animal or bird lawfully in the custody of an Animal Control Officer or any Police Officer.
PART TWO: HOUSEHOLD PETS 2.1
Maximum Number of Household Pets 2.1.1
2.1.2
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Subject to the maximums per species in this Part and to any strata bylaw passed pursuant to the Strata Property Act respecting the number of household pets permitted in a strata unit, a person may keep: (a)
a maximum of five (5) household pets in a one-family dwelling or twofamily dwelling; or
(b)
a maximum of three (3) household pets in a multiple-family dwelling;
The limits prescribed in subsection 2.1.1 do not include any litter of puppies or kittens.
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2.2
3
Cats 2.2.1
Owner Obligations 2.2.1.1
2.2.1.2
2.2.2
(a)
ensure that such cat bears sufficient identification to enable any person finding the cat to contact the owner;
(b)
where such cat is actually or apparently over six months of age, ensure that such cat has been spayed or neutered, as applicable, by a veterinarian, unless the owner holds a valid cat breeding permit for the cat; and
(c)
ensure that where such cat is not spayed or neutered, such cat is not permitted to be running at large.
The identification required under clause (a) of subsection 2.2.1.1 may take the form of, but is not limited to, a collar and tag, tattoo, or microchip implant.
Cat Breeding Permits 2.2.2.1
2.2.2.2
2.2.2.3
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Every owner of a cat must:
Every owner of an un-spayed cat who offers to sell, give away, or otherwise transfer ownership or dispose of the offspring of such cat must: (a)
obtain a cat breeding permit in accordance with the provisions of subsection 2.2.2.2; and
(b)
include the number of such cat breeding permit in any advertisement regarding the offspring.
The Contractor may: (a)
prescribe the form of application required by any person who wishes to obtain a cat breeding permit; and
(b)
upon receiving an appropriate application form and the fees for a cat breeding permit in the amount set from time to time in the Consolidated Fees Bylaw No. 8636, issue a cat breeding permit, valid for a period of three years from the date of issuance.
The penalty for violating clause (c) of subsection 2.2.1.1 may be waived by the Contractor, upon having been provided proof, within 30 days after the date the citation was issued, that the cat has been spayed or neutered.
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4
Dogs 2.3.1
2.3.2
General Prohibition 2.3.1.1
A person in a one-family dwelling or a two-family dwelling must not permit more than three dogs to be kept in such dwelling at any time.
2.3.1.2
A person in a unit of a multiple-family dwelling must not permit more than two dogs to be kept in such unit at any time.
2.3.1.3
The provisions of subsections 2.3.1.1 and 2.3.1.2, do not apply to the housing and training of assistance dogs.
Owner Obligations - Leashing 2.3.2.1
2.3.3
2.3.4
Except as provided for in section 2.3.5 and in section 2.3.6, every owner of a dog: (a)
must keep such dog on a leash at all times while on any street or in any public place; and
(b)
may not permit their dog to run at large.
Owner Obligations – Cleaning Up 2.3.3.1
Every owner of a dog must ensure that any excrement deposited on any parcel, other than the parcel of the owner, is cleaned up immediately.
2.3.3.2
The provisions of subsection 2.3.3.1 apply to an owner regardless of whether or not the dog is under such owner’s care and control at the time of a breach of the provisions of that subsection.
2.3.3.3
The provisions of subsections 2.3.3.1 and 2.3.3.2 do not apply to the owner of an assistance dog.
Owner Obligations – Confinement 2.3.4.1
Subject to the limitations of section 1.1.1, every owner of a dog must ensure that such dog, while on the premises owned or controlled by the owner, is securely confined to the premises.
2.3.4.2
Every owner of a dangerous dog must: (a)
ensure that such dangerous dog is not allowed on any street or in any public place, or any other place that is not owned or controlled by that person, unless such dangerous dog is: (i) on a leash not longer than 1.2 metres; and (ii) muzzled; and
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5 (iii) under the care and control of an owner who is 19 years of age or older; and (b)
2.3.5
Designated Dog Off-Leash Areas 2.3.5.1
2.3.5.2
2.3.5.3
2.3.6
An owner may allow their dog to be off-leash in a designated dog offleash area providing the owner: (a)
carries a leash;
(b)
keeps the dog in view at all times; and
(c)
maintains effective control of the dog so that the dog immediately returns when signalled.
As exceptions to subsection 2.3.5.1: (a)
No owner may have more than three (3) dogs off-leash at any one time, except an owner who is a professional dog walker with a valid off-leash permit may have up to six (6) dogs off-leash in the designated dog off-leash areas within McDonald Park and Woodwards Slough Park.
(b)
No owner may permit a dangerous dog to be off-leash in a designated dog off-leash area.
Every owner of a dog must immediately leash a dog when the dog exhibits aggressive behaviour.
Exemption 2.3.6.1
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subject to the limitations of section 1.1.1, keep such dangerous dog securely confined at all times, either indoors or in an enclosure, while the dangerous dog is on the premises owned or controlled by such person.
The provisions under section 2.3.2.1 and subsection 2.3.5.3 do not apply to an owner of a dog that is conducting wildlife control duties in accordance with a valid contract with the City or a dog being utilized by law enforcement officers for duties or training related to law enforcement.
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2.4
6
Rabbits 2.4.1
General Requirements 2.3.6.1
2.4.1.2
2.5
(a)
such rabbits do not create a nuisance; and
(b)
all lands and premises where such rabbits are kept, are maintained in a sanitary condition at all times, and that excrement is not permitted to accumulate and cause, in the opinion of the Medical Health Officer, an objectionable odour or nuisance.
A person may keep a maximum of two (2) rabbits in a one-family dwelling, two-family dwelling, or a multiple-family dwelling.
Birds 2.5.1
2.5.2
General Provisions – All Birds 2.5.1.1
A person must not build, construct, reconstruct or maintain an aviary until the design and location of such aviary has been approved by the City with respect to building permit requirements.
2.5.1.2
A person must not feed pigeons or other birds in such a manner as to constitute a nuisance or disturb or interfere with the quiet, peace, or enjoyment of another person’s property.
Pigeons 2.5.2.1
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Every person keeping rabbits in a one-family dwelling, a two-family dwelling or a multiple-family dwelling must ensure that:
An owner of racing or homing pigeons, fancy pigeons, or a person on whose property such birds are kept, must not allow such pigeons to perch, roost, or nest on the land or buildings of any person in the City, or to stray, feed, or roost on any highway or public place, except: (a)
on the property of which the holder is the owner or lessee;
(b)
for the purpose of exercising or racing, and only when such pigeons are under the control of the owner.
2.5.2.2
Every person keeping racing, homing, or fancy pigeons, must maintain the land and premises where such pigeons are kept in a sanitary condition at all times, and pigeon droppings must be disposed of in a manner that will not create a nuisance or health hazard.
2.5.2.3
A person may keep a maximum of five (5) pigeons in a one-family dwelling or two-family dwelling.
2.5.2.4
A person must not keep pigeons in a multiple-family dwelling. April 8, 2013
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2.5.3
An aviary must be located at least two (2) metres from any property line.
Exotic Birds 2.5.3.1
The provisions of subsection 2.5.2 with regard to pigeons, apply also to exotic birds.
PART THREE: POULTRY 3.1
General Prohibition 3.1.1
3.1.2
A person must not keep poultry: (a)
on a parcel with an area of less than 2,000 square metres (21,529 square feet); or
(b)
in, upon, or under any structure used for human habitation.
Every person keeping poultry must ensure that: (a)
such poultry does not create a nuisance; and
(b)
all lands and premises where such poultry is kept, are maintained in a sanitary condition at all times, and that excrement is not permitted to accumulate and cause, in the opinion of the Medical Health Officer, an objectionable odour or nuisance.
PART FOUR: WILD ANIMALS 4.1
General Prohibition 4.1.1
A person must not keep any wild animal in captivity on a parcel unless, in the opinion of the Animal Control Officer, adequate provision is made to ensure that such wild animal is securely contained on such parcel and poses no risk to public safety.
PART FIVE: DOMESTIC FARM ANIMALS 5.1
General Requirements 5.1.1
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Every person keeping a domestic farm animal must ensure that: (a)
flies and other insects are kept under control by good manure management and by the use of approved insecticides approved by the Pesticide Branch of the Ministry of Environment Province of British Columbia;
(b)
both the inside and outside of any building, pen, stable, shed or structure housing a domestic farm animal is kept clean; April 8, 2013
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8
(c)
manure does not accumulate on any parcel except in a properly contained manner so that that runoff to public watercourses or onto adjacent properties does not occur;
(d)
any manure resulting from the keeping of domestic farm animals, that has not been suitably treated by dehydration or composting to stabilize the organic matter, must be incorporated into the soil within eight (8) hours; and
(e)
any person allowing a domestic farm animal access to an outdoor area must ensure that dust caused by such domestic farm animal is minimized.
General Prohibition 5.2.1
A person must not keep a domestic farm animal in a one-family dwelling, twofamily dwelling, or a multiple-family dwelling.
5.2.2
A person must not keep a domestic farm animal: (a)
on a parcel with an area of less than 2,000 square metres (21,529 square feet); or
(b)
on a parcel where the ratio of domestic farm animals to parcel area exceeds one (1) domestic farm animal for each 2,000 square metres (21,529 square feet).
PART SIX: BEEKEEPING 6.1
General Requirements 6.1.1
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Every person keeping bees, and the owner of a parcel on which bees are kept, must ensure that the bees are:
(a)
maintained in a condition so as to reasonably prevent undue swarming or aggressive behaviour;
(b)
requeened as soon as possible if such bees are subject to undue swarming or show signs of aggressive behaviour; and
(c)
provided with adequate water to prevent the bees from seeking water from neighbourhood swimming pools, birdbaths, ponds or other community bodies of water;
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6.1.2
6.2
9
Every person keeping bees, and the owner of a parcel on which bees are kept, must ensure that:
(d)
each beehive is located in a rear yard away from the main street;
(e)
each beehive is positioned so that the entrance to the beehive faces away from the closest neighbouring property; and
(f)
where a beehive is located within 8 metres of the property line of an adjacent parcel containing a one-family dwelling, two-family dwelling or multiple-family dwelling, the beehive is located either: i.
a minimum of 2.5 metres above the ground; or
ii.
behind a solid fence or hedge a minimum of 2.0 metres in height running parallel to any parcel line and extending a minimum of 6.0 metres horizontally beyond the beehives in both directions.
Prohibitions 6.2.1
A person must not: (a)
locate a beehive on any parcel containing a multiple family dwelling;
(b)
keep more than two (2) beehives on a parcel of less than 1,000 square metres in area;
(c)
keep more than four (4) beehives on a parcel that is between 1,000 and 2,000 square metres in area; or
(d)
keep more than six (6) beehives on a parcel that is between 2,000 and 4,000 square metres in area.
PART SEVEN: FURBEARING ANIMALS 7.1
General Prohibition 7.1.1
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A person must not keep a furbearing animal in a one-family dwelling, two-family dwelling, or a multiple-family dwelling.
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PART EIGHT: 8.1
ANIMAL SHELTER
Establishment of Animal Shelter 8.1.1
8.2
10
An animal shelter is hereby established, and Council may enter into an agreement with a Contractor to operate such animal shelter.
Duties and Obligations of the Contractor 8.2.1
The agreement specified in subsection 8.1.1 may establish the duties of the Contractor with regard to: (a)
the operation of an animal shelter, including but not limited to, (i) (ii) (iii) (iv) (v) (vi)
(b)
the provision of animal control services, including but not limited to, (i) (ii) (iii) (iv) (v) (vi) (vii) (viii)
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hours of operation, building maintenance and operating costs; payment of utilities, including electricity, natural gas and telephone services; an automated telephone answering system for emergency messages; cleanliness and sanitation; and the care and feeding of, and the provision of veterinary care, where necessary, for all impounded animals and birds;
the provision of equipment, including vehicles and communication systems; the impoundment of animals and birds; the undertaking of patrols; the keeping of records of impoundment, finances and animal disposal; the disposal by sale, or by humane destruction, of impounded animals and birds; the removal and disposal of dead animals; dealing with public complaints about animals; and attending to, and transporting, animals running at large;
(c)
the provision and supplying of an adequate number of trained Animal Control Officers;
(d)
the licencing of dogs; and
(e)
the issuing of tickets under the provisions of the Municipal Ticket Information Authorization Bylaw, including court attendance as and when necessary.
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11
Authority of Animal Control Officer – Dogs 8.3.1
An Animal Control Officer or any Police Officer, may seize and impound any dog found running at large, for up to 96 hours, unless such dog is reclaimed within that time.
8.3.2
If an impounded dog is not reclaimed within 7 days of impoundment, such dog may be disposed of by an Animal Control Officer, by destruction, private sale or gift, or sale by auction.
8.3.3
An Animal Control Officer, upon apprehending any female dog in season found running at large in contravention of this bylaw, must impound such dog for a period of not less than 10 days, and the owner of such dog must pay the cost of boarding such dog during its impoundment.
8.3.4
Any dangerous dog running at large:
8.3.5
(a)
may be impounded by an Animal Control Officer;
(b)
must, upon request, be immediately delivered to the animal shelter or to an Animal Control Officer, by the owner; and
(c)
must be kept quarantined at the animal shelter for a period of 14 days at the owner’s expense, including the maintenance fees in the amount set from time to time in the Consolidated Fees Bylaw No. 8636.
Before exercising the power under subsection 8.3.4, in the case of a dog that has acted as described in clause (a)(i) or (a)(ii) of the definition of dangerous dog, the Animal Control Officer must consider whether the dog was acting while in the course of (a)
attempting to prevent a person from committing an unlawful act, or
(b)
performing law enforcement work.
8.3.6
Subject to the provisions of this Part, an Animal Control Officer may seize a dog if the officer believes on reasonable grounds that the dog is a dangerous dog.
8.3.7
Subject to subsection 8.3.10, an Animal Control Officer may enter a place to impound a dangerous dog
8.3.8
(a)
with the consent of the owner, or
(b)
in accordance with a warrant issued under subsection 8.3.8 or 8.3.9, or
(c)
in accordance with subsection 8.3.10.
A justice who is satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is in a place a dog that (a)
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has killed or seriously injured a person, April 8, 2013
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12 (b)
is likely to kill or seriously injure a person, or
(c)
has killed or seriously injured a companion animal or domestic animal,
may issue a warrant authorizing an Animal Control Officer to enter and search the place and to seize the dog. 8.3.9
If it is impracticable for an Animal Control Officer to appear personally before a justice to apply for a warrant in accordance with subsection 8.3.8, the Animal Control Officer may apply for a warrant in accordance with section 22 of the Offence Act.
8.3.10 Subject to subsection 8.3.11, an Animal Control Officer may, without a warrant, enter and search any place except a dwelling house and seize a dog if the Animal Control Officer believes on reasonable grounds that: (a)
the dog is a dangerous dog,
(b)
the dog presents an imminent danger to the public, and
(c)
the purpose of seizing the dog cannot reasonably be accomplished if the Animal Control Officer is required to obtain a warrant.
8.3.11 For the purposes of subsection 8.3.10, an Animal Control Officer who is not a police officer or special provincial constable appointed under the Police Act must be accompanied by a police officer. 8.3.12 In addition to the authority under the Community Charter or section 8 of the Livestock Protection Act, an animal control officer may apply to the Provincial Court for an order that a dog that the officer has reasonable ground to believe is a dangerous dog be destroyed in the manner specified in the order. 8.3.13 A dangerous dog seized pursuant to this bylaw may not be impounded for more than 21 days unless proceedings under subsection 8.3.12 of this bylaw or under the authority of the Community Charter or section 8 of the Livestock Protection Act are commenced within that time. 8.3.14 Upon request by an Animal Control Officer, the owner of a dog or dangerous dog which is in contravention of any provision of this bylaw must stop and provide to the Animal Control Officer photo identification showing his or her full name and current address.
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Reclaiming an Impounded Dog 8.4.1
8.5
8.6
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13
The owner of any dog impounded under this Part, may reclaim such dog on application to an Animal Control Officer, by: (a)
providing proof of ownership; and
(b)
paying the applicable impoundment fees and maintenance fees in the amount set from time to time in the Consolidated Fees Bylaw No. 8636.
8.4.2
Where the owner of an impounded dog is known, such owner must pay the maintenance fees in the amount set from time to time in the Consolidated Fees Bylaw No. 8636, even if the owner fails or neglects to reclaim the impounded dog.
8.4.3
The charging of impoundment fees under clause (b) of subsection 8.4.1 in no way affects, derogates from or takes away from the ability to exercise the authority provided in subsection 8.3.12 to apply for an order that a dog be destroyed.
Authority of Animal Control Officer – Other Animals 8.5.1
An Animal Control Officer or any Police Officer may seize and impound any domestic farm animal or poultry found running at large.
8.5.2
An Animal Control Officer may sell any animal impounded under this Part, which have not been reclaimed, and after deducting the impounding fees and maintenance fees accruing in respect of such animal, and if applicable, the cost of advertising the sale, must pay any surplus within 30 days, to the General Manager, Finance & Corporate Services.
8.5.3
Where the owner of any impounded animal is known, the General Manager, Finance & Corporate Services must pay any surplus funds of sale, to such owner.
8.5.4
Where, after 3 months from the date of the sale, such owner is unknown, any surplus funds of sale not claimed during that time are forfeited to the City.
Reclaiming of Other Animals 8.6.1
Any impounded animal other than a dog, a cat or poultry, may be reclaimed by the owner prior to the date of the advertised sale, upon proof of ownership, and payment to an Animal Control Officer, of the applicable impoundment fees and maintenance fees in the amount set from time to time in the Consolidated Fees Bylaw No. 8636.
8.6.2
Any impounded poultry may be reclaimed by the owner prior to the date of disposal of such poultry, upon proof of ownership, and payment to an Animal Control Officer, of the applicable impoundment fees and maintenance fees in the amount set from time to time in the Consolidated Fees Bylaw No. 8636.
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PART NINE: INTERPRETATION 9.1
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In this bylaw, unless the context otherwise requires:
AGGRESSIVE BEHAVIOUR
means snarling, growling or pursuing another animal or a person.
ANIMAL
means: (a) furbearing animal; (b) household pet; (c) poultry; and (d) wild animal, and includes companion animal and domestic animal.
ANIMAL CONTROL OFFICER
means: (a) a person employed by the City as a Bylaw Enforcement Office; or (b) a person employed by the Contractor to undertake animal control services; or (c) a police officer.
ANIMAL SHELTER
means any facility designated by Council as an Animal Pound, as provided for in the Local Government Act.
ASSISTANCE DOG
means a dog specifically trained to assist a person with disabilities in the performance of daily activities.
AVIARY
means a building, cage or structure for the breeding or keeping of birds, other than poultry.
BEE
means the insect Apis mellifera.
BEEHIVE
means an enclosed, man-made structure in which bees live and raise their young.
BUILDING
means a structure having a roof supported by columns or walls used for the shelter or accommodation of persons, animals or chattels.
BUILDING INSPECTOR
means the Manager, Building Approvals Department or those positions or persons designated by Council to act under this Bylaw in the place of the Manager.
CAT
means a household pet of the feline species and includes a kitten.
CHOKE COLLAR
means a slip collar or chain that may constrict around the neck of an animal as a result of pulling on one end of the collar or chain.
CITY
means the City of Richmond.
COMPANION ANIMAL
means an animal kept as a pet or as a guide animal.
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CONTRACTOR
means the person, firm or society with whom the City has entered into an agreement for: (a) the management and operation of an animal shelter; (b) the provision of animal control services; (c) the employment and provision of Animal Control Officers; (d) the licensing of dogs and dangerous dogs; and (e) the issuing of tickets, violations and fines under the provisions of the City’s: (i) Municipal Ticket Information Authorization Bylaw No. 7321; and (ii) Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122.
COUNCIL
means the current Council of the City.
DANGEROUS DOG
means: (a) any dog that has killed or injured: (i) a person, or (ii) a companion animal or domestic animal while running at large; or (b) any dog that an Animal Control Officer has reasonable grounds to believe is likely to kill or seriously injure a person; (c) any dog that aggressively harasses or pursues a person or companion animal or domestic farm animal while running at large; or (d) any dog owned, primarily or in part, for the purpose of dog fighting or that is trained for dog fighting; (e) a Pit Bull Terrier, American Pit Bull Terrier, Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier, or any dog of mixed breeding which includes any of these breeds; or any dog which has the appearance and physical characteristics predominantly conforming to the standards for any of the above breeds; or (f) any dog that, according to the records of the SPCA, RCMP or other municipality, or to the knowledge of the owner, has killed, injured, or aggressively harassed or pursued a person or animal.
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DESIGNATED DOG OFF-LEASH AREA
means an area posted by sign, which defines the geographic area and/or time period that dogs can be off-leash.
DOG
means any member of the canine species which is six (6) or more months of age.
DOMESTIC ANIMAL
means an animal that is:
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DOMESTIC FARM ANIMAL
means a horse, mule, donkey, emu, hinny, llama, ostrich, pot belly pig, swine, sheep, goat or cow, or other animal of the bovine species, but excludes a household pet.
DWELLING UNIT
means a suite of one or more rooms designed for or occupies by one family only as a single housekeeping unit providing cooking, sanitary and sleeping facilities.
ENCLOSURE
means a securely enclosed and locked structure having a concrete, asphalt or wooden floor and a wire or steel mesh sides and roof, which is sufficient to prevent the entry of unauthorized persons or the escape of the dog.
EXOTIC BIRD
means those avian species which are not normally native to the Province of British Columbia.
FURBEARING ANIMAL
means any fox, beaver, marten, mink, muskrat, otter, racoon, skunk, chinchilla, fisher, or other like animal, other than a household pet.
GENERAL MANAGER, means the person appointed by Council to the position of FINANCE & CORPORATE General Manager, Finance & Corporate Services, or an SERVICES alternate. HOUSEHOLD PET
means a domesticated animal or bird normally kept: (a) in a one-family dwelling, a two-family dwelling or a multiple-family dwelling; and (b) for pleasure rather than utility.
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IMPOUNDED
means seized, delivered, received or taken into the animal shelter, or into the custody of the Animal Control Officer.
KITTEN
means a member of the feline species which is less than six (6) months of age.
LEASH or LEASHED
means a device, or use of a device, of leather, metal, nylon or other similar strong material no more than three (3) meters in length and of sufficient strength and design to restrain the size and strength of animal for which it will be (or is being) used. One end must remain securely affixed to a collar or harness securely attached to the animal with the other end held by a person capable of controlling the animal at all times.
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LICENCE INSPECTOR
means a person appointed by Council as Licence Inspector for the City, and includes Bylaw Enforcement Officers and the Chief Licence Inspector.
MAINTENANCE FEES
means the fees as set from time to time in the Consolidated Fees Bylaw No. 8636, which are charged for each day that an animal or bird is impounded, commencing the day after impoundment.
MEDICAL HEALTH OFFICER
means the Medical Health Officer appointed under the Health Act, to act within the limits of the jurisdiction of any local board, or within any health district.
MULTIPLE-FAMILY DWELLING
means a building containing two or more dwelling units.
MUZZLED
means a humane fastening or covering device of adequate strength placed over the mouth of a dog designed to prevent the dog from biting or injuring any person or another animal.
OFF-LEASH PERMIT
means a permit issued to a professional dog walker pursuant to subsection 2.3.2 of the Business Licence Bylaw No. 7360, as amended or replaced from time to time
ONE-FAMILY DWELLING means a detached building used exclusively for residential purposes, containing one dwelling unit only.
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OWN/OWNER/OWNED
includes possessor, harbourer, or keeper and "owned" includes possessed, harboured, or kept.
PARCEL
means a lot, block, or other area in which land is held or into which land is legally subdivided.
PIGEON
means a bird of the family columbidae.
POLICE OFFICER
means a member of the Royal Canadian Mounted Police.
POULTRY
means a chicken, rooster, turkey, goose, duck, fowl, or other bird normally kept for human consumption, excluding exotic birds and registered homing pigeons used for hobby or show purposes or racing.
PUPPY
means a member of the canine species which is less than six (6) months of age.
RABBIT
means any of various burrowing gregarious plant-eating mammals of the hare family.
REAR YARD
means the portion of a parcel located behind the main dwelling unit on the parcel.
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RESIDENTIAL
means a use which pertains clearly to the accommodation and home life of a family, and includes a group home with a maximum of 10 residents, but specifically excludes any facility operated under the jurisdiction of the Correction Act.
RUNNING AT LARGE
means any one of the following: (a) for a cat or dog, being elsewhere than confined on the premises of the owner, while not on a leash and not in the immediate and effective control of an owner; (b) for a cat or dog, being on any property without the consent of the owner or occupier of that property; (c) for a dog, being in a designated dog off-leash area, where permitted, but not under the immediate and effective control of an owner; or (d) for a dangerous dog, means any dangerous dog which is not confined or controlled in compliance with the requirements of subsection 2.3.4.2.
STOREY
means a space situated between the top of any floor and the top of the floor next above it, that space between the top of such floor and the ceiling above it.
STRUCTURE
means a construction of any kind whether fixed to, supported by, or sunk into land or water.
TWO-FAMILY DWELLING means a detached building used exclusively for residential purposes containing two dwelling units only, which building is not readily convertible into additional dwelling units and the plans for which have been filed with the Building inspector showing all areas of the building finished, the design of the building conforming to one of the following classifications: (a) Each dwelling unit consisting of one storey only, not set upon another storey or upon a basement; or (b) Each dwelling unit consisting of two storeys only, the upper storey not containing a kitchen; not set upon another storey or upon a basement; or (c) Each dwelling unit consisting of a split level arrangement of two storeys only, the upper storey not containing a kitchen; not set upon another storey or upon a basement. For the purposes of this definition, "basement" means a storey located beneath the first full storey of the building, such first full storey having a floor level of not more than 2 m (6.562 ft.) above grade.
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UNLICENCED DOG
means any dog for which the licence for the current year as required in the current Dog Licencing Bylaw of the City, has not been obtained.
USED
means used or arranged, designed or intended to be used.
WILD ANIMAL
means an animal not ordinarily tame or domesticated, and includes an exotic animal.
PART TEN: OFFENCES AND PENALTIES 10.1
A violation of any of the provisions identified in this Bylaw shall result in liability for penalties and late payment amounts established in Schedule A of the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122; and
10.2
A violation of any of the provisions identified in this Bylaw shall be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c.60.
10.3
Every person who contravenes any provision of this Bylaw is considered to have committed an offence against this bylaw and is liable on summary conviction pursuant to Offence Act, RSBC 1996, c.338 to a maximum fine of up to $10,000 and each day that such violation is caused, or allowed to continue, constitutes a separate offence.
PART ELEVEN: PREVIOUS BYLAW REPEAL 11.1
Animal, Bird & Beekeeping Regulation Bylaw No. 7137 (adopted July 24, 2000) and the following Amendment Bylaws are hereby repealed: BYLAW
DATE OF ADOPTION
No. 7164 No. 7211 No. 7424 No. 7692
October 23, 2000 April 23, 2001 October 15, 2002 May 25, 2004
PART TWELVE: SEVERABILITY & CITATION
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12.1
If any part, section, sub-section, clause, or sub-clause of this bylaw is, for any reason, held to be invalid by the decision of a Court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw.
12.2
This bylaw is cited as “Animal Control Regulation Bylaw No. 7932”.
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PART THIRTEEN: FEES BYLAW 13.1
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The Fees Consolidated Fees Bylaw No. 8636, as may be amended from time to time, applies to this bylaw.
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